In Re Hilligoss’s Empirical Analysis

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1 federal appellate ·

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The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the rent provided for in the [Monke] lease may well be a cost of administration under 11 U.S.C. § 503 (b)(1)(A), as an actual, necessary cost and expense of preserving the estate. See 15 Collier on Bankruptcy, 503.04 at 503-20 (15th ed. 1985). The Monkes should file a request with the Court that their claim for $2,900 be allowed as an administrative expense, so that the matter may be noticed and set for hearing as provided by § 503(b).”

   2 later decisions quote this exact passage
   e.g. In re Hilligoss · In the Matter of Max Leon Hilligoss and Marilyn L. Hilligoss, Debtors. Appeal of Central National Bank of Mattoon

2. “The Trustee may avoid the fixing of a statutory lien on property of the debtor to the extent that such lien— (3) is for rent; or (4) is a lien of distress for rent.”

   2 later decisions quote this exact passage
   e.g. In re Hilligoss · In the Matter of Max Leon Hilligoss and Marilyn L. Hilligoss, Debtors. Appeal of Central National Bank of Mattoon

3. “1. Nothing in the record indicates that the debtor had exclusive possession of the property. There was never a written lease conveying possession to the debtor, as there was in his relationship with Monke, nor did the debtor live on the premises. Nothing indicates that the debtor had any interest in the land other than participating with the landowner in raising crops. 2 The record further indicates that Avey Farms retained a large degree of control over the land. The landowner made repairs to all buildings, tiles and fencing and directed the debtor regarding rotation of crops, conservation practices, and participation in USDA farm programs 3 Each paid for one-half of the seed, fertilizers and chemicals with the landowner directing the place of purchase and the quantity to be applied 4 There was no provision for payment of cash rent. Each party paid one-half of the expenses and was to receive one-half of the crops grown 5 The crops were divided in the field. The debtor was to be paid for harvesting the landowner's one-half of the crop. But, either shortly before or very soon after the filing of the petition, the landowner took possession of all crops growing upon its land, then entered an agreement with the Trustee to gather the crops itself. The landowner delivered the debtor's half of the crops to an elevator in the Trustee's name.”

   1 later decision quote this exact passage
   e.g. Hilligoss Central National Bank of Mattoon